[HISTORY: Adopted by the Borough Council
of the Borough of Monaca 11-12-1975 as Ch. VII of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 148.
Within this chapter, the following words shall
be construed so as to have the following meanings:
That period between the hours of 11:00 p.m. and 6:00 a.m.,
Eastern standard time or daylight saving time, whichever may apply
at the time in question.
Any privately owned place of business, any place of amusement
or entertainment to which the public is invited and any similar place.
Any person less than 18 years of age. For the purpose of
this chapter, any person shall be deemed to be 18 years of age on
the date of his or her 18th birthday and not before that time.
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment. Whenever
used in any clause prescribing a penalty, the word "operator," as
applied to an association or partnership, shall include the members,
officers and managers thereof or any of them and, as applied to corporations,
shall include officers and managers thereof or any of them.
The natural parent or guardian or adult person, 21 years
of age or over, responsible for the custody of any minor.
The Police Department of the Borough of Monaca, Beaver County,
Pennsylvania.[1]
Any public street, highway, road, alley, park, playground,
vacant lot, public building, railway station, bus terminal or similar
place.
Loiter, idle, wander, stroll, play or be.
It shall be unlawful for any minor to remain
in or upon any public place or establishment in the Borough of Monaca
after hours unless accompanied by a parent or upon an errand or other
legitimate business directed by a parent or unless engaged in gainful,
lawful employment after hours, in which case said minor shall carry
written identification and evidence of employment.
It shall be unlawful for any operator of a business
establishment knowingly to permit any minor to remain in or upon the
premises of said establishment after hours.
A.
Each police officer who finds a minor violating any
provisions of this chapter shall endeavor to obtain the name, age,
date of birth and address of the minor and the names of the minor's
parents. The minor shall, at the discretion of the police officer,
be brought to the police station and the parents notified or shall
be taken or instructed to proceed directly to his home. The information
obtained from the minor, together with a full report, shall be transmitted
to the Chief of Police, who shall cause a written notice to be delivered,
mailed or otherwise, to the parents of the minor advising them of
the violation of this chapter. A record of all violations shall be
kept. The police officer so acting shall use his discretion in determining
age and, in doubtful cases, may bring the minor into the police station
until satisfactory proof of age is furnished.
B.
Where the minor is not a resident of the Borough of
Monaca, the Police Department shall forward a copy of the report and
such additional data as the Police Department may deem helpful in
the handling of the case to the Police Department of the municipality
where the minor resides.
The Mayor of the Borough of Monaca or, in his
absence, the Chief of Police of the Borough of Monaca is authorized
to extend the curfew hour for special occasions. When the Mayor of
the Borough of Monaca or the Chief of Police of the Borough of Monaca
grants such extension of time, then the date, hour and, if applicable,
the place of such extension shall be clearly set forth by written
promulgation. Such extension of time shall not be construed to extend
beyond the limits as set forth in such promulgation.
A.
Any parent who shall permit a minor to violate provisions
of this chapter after having received notice of a prior violation
shall, after conviction for a second violation, be sentenced to pay
a fine of $250 and, in default of payment thereof, shall undergo imprisonment
in the Beaver County Jail for a period not exceeding 24 hours; however,
for any subsequent conviction thereafter, said parent shall be fined
not less than $250 nor more than $500 and, in default of payment thereof,
shall undergo imprisonment in the Beaver County Jail for a period
not exceeding 15 days.
[Amended 6-28-2011 by Ord. No. 922]
B.
Any operator who violates the provisions of this chapter
after receiving notice of a prior violation shall, upon conviction
of a second violation, be sentenced to pay fine of $250 and, in default
of payment thereof, shall be sentenced to undergo imprisonment in
the Beaver County Jail for a period of not more than five days; however,
for any subsequent conviction thereafter, said operator shall be fined
not less than $250 nor more than $500 and, in default of payment thereof,
shall be sentenced to undergo imprisonment in the Beaver County Jail
for a period of not less than 15 days nor more than 30 days.
[Amended 6-28-2011 by Ord. No. 922]
C.
If any minor, operator or parent violates this chapter
more than three times, the Police Department shall send to the juvenile
probation office of Beaver County the data on these violations, together
with such other data as the Police Department may deem to be helpful
in the handling of the case. In the event that the minor involved
in three violations no longer is a resident of Beaver County, then
the Police Department shall forward said data to that department of
government or organization which corresponds to the Beaver County
Juvenile Department and which department of government or organization
is situate in the county where said juvenile then resides.
D.
Each violation of the provisions of this chapter shall
constitute a separate offense.
